If you find yourself under investigation for a drug driving offence, you might feel uncertain about what steps to take next. The process can be daunting, especially with the potential for long delays in receiving your results. In this blog, we'll explore the options available to you during this crucial period, and why acting proactively can greatly improve your chances of a positive outcome. Alternatively, you can watch our video on YouTube (below) if you'd prefer to listen to our senior solicitor Conor Johnstone discussing this issue.
What Does "Under Investigation" for Drug Driving Mean?
Being “under investigation” for drug driving typically happens after you’ve been arrested, taken to a police station or hospital, and provided a sample of blood or urine. It’s important to understand that you can't be charged with drug driving until the results from your sample come back, confirming whether or not you are above the legal limit.
This period between the sample being taken and the results coming back can take several months—sometimes up to five or six. Many people in this situation often ask whether they should take action now or simply wait for the results to come back. In this blog post, we’ll look at why early intervention could be the best course of action.
The Two Options: Do Nothing or Act Early?
When you are released under investigation for a drug driving offence, there are generally two options available:
- Do Nothing: You can choose to wait for the results to come back, which can take several months. During this time, the police will analyse the sample, and when the results arrive, they will send you a letter with a court date.
- Act Proactively: Alternatively, you can be more proactive early on. This can include engaging a solicitor who will make contact with the police, raising concerns, and potentially mitigating the risks of conviction.
In our experience as motoring defence solicitors, acting proactively is by far the better option. Here's why:
The 3 P's of Early Intervention: Pressure, Preservation, and Preparation
When we work with clients in these situations, we rely on what we call the Three P’s: Pressure, Preservation, and Preparation. Let’s break these down:
1. Pressure: Putting the Police on Notice
At the early stages of a drug driving case, the police are not typically expecting to hear from defence solicitors. Most people do nothing and simply wait for the results to come back, which is exactly what the police expect. The police will likely assume that you will test above the legal limit, as the legal threshold for drug driving is extremely low, especially with substances like cannabis or cocaine.
By not contacting the police, you risk letting the case develop without raising any concerns about the adequacy or accuracy of the evidence against you. However, when we step in early, we can often highlight potential issues with the case—whether it’s an error in the sample collection process or issues with the initial roadside tests. Early contact with the police allows us to raise these concerns before the case reaches court.
In some cases, simply putting the police on notice can prompt them to reconsider whether they want to continue with the prosecution, especially with all the backlogs and resource challenges the police are currently facing. Many drug driving cases no longer go to court because the police don’t have the manpower or interest to follow through, particularly with low-level offences.
2. Preservation: Ensuring Critical Evidence is Not Lost
One of the risks of doing nothing is the potential loss of crucial evidence that could be key to your defence. In drug driving cases, procedure is often the most important area to challenge. How was the blood sample taken? Was it stored correctly? Was the process followed as per legal guidelines? These are all questions that need answers.
Luckily, most police stations have CCTV or body-worn video cameras that record the process. However, police forces often fail to preserve this footage for an extended period. By intervening early, we can request that the CCTV and body-worn footage be retained, ensuring we have access to this important evidence. If the police fail to preserve the footage, it can make defending the case much easier.
Additionally, under the Road Traffic Offenders Act, you have the right to take part of your blood sample with you for independent analysis. This can serve as an additional check to ensure that the police results are accurate. Many times, the police may not store your sample properly, leading to contamination or loss of evidence. By taking action early, we can make sure your sample is preserved and analysed independently if necessary.
3. Preparation: Being Ready for Court
Let’s say the worst happens, and the case still goes to court. Even then, early intervention gives you a significant advantage. If we’ve been involved in the case from the start, we will be better prepared to defend you in court. We’ll already have a thorough understanding of the evidence, including any potential procedural errors or issues with the blood sample.
By the time the police send the results and you receive your court date, we’ll have been working on your case for months. This means that we will be far more familiar with the details than the prosecution. In fact, in many cases, the prosecution will receive the case file only shortly before the court date, giving them little time to prepare. If we've been working on the case for months, we will have an edge in terms of preparation, making it easier for us to challenge the evidence and outmaneuver the prosecution.
What If You Haven’t Taken Action Yet?
If you're reading this and the investigation has already started, don't worry. It's never too late to take action. Even if your case is approaching a court date, there are still steps we can take to help you prepare a solid defence.
It’s crucial to understand that being over the legal limit does not automatically mean you're guilty. Every case, no matter how clear-cut it may seem, has its own set of circumstances. From the collection of your blood sample to how the sample was analysed, there are plenty of aspects we can investigate and challenge. Even if the evidence appears strong, there may be mistakes that could lead to the case being dropped or reduced.
Conclusion: Why Early Intervention Matters
When you're under investigation for a drug driving offence, early intervention can make a world of difference. By putting pressure on the police, ensuring the preservation of vital evidence, and being prepared for court, you significantly improve your chances of a favorable outcome.
So, if you’ve been arrested for drug driving and are awaiting the results of your sample, don’t sit back and wait for things to unfold. Reach out to one of our specialists who can guide you through this process and help you make the most of the situation.
If you need advice or have any questions, don’t hesitate to get in touch on 0151 422 8020. We offer free initial consultations and would be happy to discuss the specifics of your case. Early intervention could be your key to avoiding a conviction and the harsh penalties that come with it.
